CHILDREN AND THE LAW
...Delinquency Matters
......Jurisdictional Hearing
.........Findings & Orders
............Competency
5 Cards On This Topic:

The detention of an incompetent minor for more than 120 days under a court protocol did not implicate due process concerns; assuming a due process violation, there was no prejudice to minor given his malingering.

Juvenile court erred in finding M competent as it could not reasonably have rejected the qualified E's compelling, well-supported, and unequivocal opinion that M was not competent to proceed to trial.

Juvenile court, which decided M's competency using the adult criminal standard, must on remand conduct competency hearings and make findings in accordance with W&IC §709.

Juvenile court had no jurisdiction to allow M's counsel to withdraw her doubt as to his competency in order to plea bargain, and could not make W&IC 709 competency determination without expert reports.

A minor detained in Juvenile Hall pending attainment of competency must be provided with adequate services.